Practice point: Defendant demonstrated his prima facie entitlement to judgment as a
matter of law by showing that his car was struck in the rear by
plaintiff's decedent's car, and in response, plaintiff failed to provide
a nonnegligent explanation, in evidentiary form, for the collision.
The transcripts of the deposition testimony of two police
officers who testified in a related action are hearsay as to defendant,
since he was not notified about the deposition, nor present for the
testimony, pursuant to CPLR 3117[a][3].
Student note: Hearsay may be used to defeat summary judgment as long as it is not the
only evidence submitted in opposition. Here, however, plaintiff submitted no other admissible evidence as to the circumstances of the accident.
Case: Rugova v. Davis, NY Slip Op 08003 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Being true to your school goes both ways.
